Supreme Court of Ohio 2006 Annual Report - Supreme Court - State ...

Kish v. Akron
Case no. 2004-0738
Web cite 2006-Ohio-1244
Rules that, as the term is used in the
state law barring the destruction of
public records, a record may consist
of a single document within a larger
file of documents or a compilation of
documents.
On Order from the United States
Court of Appeals for the 6 th Circuit
Certifying a Question of State Law,
Nos. 2002-3631 and 2002-3632.
Certified question answered. See
opinion.
Moyer, C.J., Resnick, Pfeifer and
O’Connor, JJ., concur.
Lundberg Stratton, O’Donnell and
Lanzinger, JJ., dissent.
Campbell v. Ohio State Univ. Med. Ctr.
Case no. 2004-2173
Web cite 2006-Ohio-1192
Holds that, if a patient is injured
by a fellow patient at a state-run
mental hospital, in order to recover
damages under Ohio’s patient bill of
rights statute, the injured party must
establish that the attacker had explicitly
threatened imminent and serious
physical harm.
Franklin App. No. 04AP-96, 2004-
Ohio-6072. Judgment affirmed.
Moyer, C.J., Lundberg Stratton,
O’Connor and O’Donnell, JJ.,
concur.
Lanzinger, J., concurs separately.
Resnick and Pfeifer, JJ., dissent.
In re C.R.
Case no. 2004-2031
Web cite 2006-Ohio-1191
When a juvenile court decides a child
is abused, neglected, or dependent, the
judgment also implies that neither of
the child’s natural parents is presently
suitable to have legal custody of the child.
When awarding legal custody of the
aforementioned child, a juvenile court is
not required to make a specific finding
at the dispositional hearing that noncustodial
parents are unsuitable.
Cuyahoga App. No. 82891, 2004-Ohio-
4465. Certified question answered.
Moyer, C.J., O’Connor, O’Donnell
and Lanzinger, JJ., concur.
Resnick, Pfeifer and Lundberg
Stratton, JJ., dissent.
Bakies v. Perrysburg
Case no. 2004-1923
Web cite 2006-Ohio-1190
Rules valid and enforceable a contract
in which a municipality requires a
nonresident customer of the city’s water
and sewer services to agree to annexation
of his property or face termination of
service.
Wood App. Nos. WD-03-055 and WD-
03-062, 2004-Ohio-5231. Judgment
affirmed.
Moyer, C.J., Resnick, Pfeifer,
Lundberg Stratton, O’Connor,
O’Donnell and Sadler, JJ., concur.
Lisa Sadler, J., of the 10 th Appellate
District, sitting for Lanzinger, J.
Groob v. KeyBank
Case no. 2004-0214
Web cite 2006-Ohio-1189
If a bank is dealing at arm’s length with a
prospective borrower, the bank does not
have a fiduciary duty to that prospective
borrower unless special circumstances
exist. The ruling also holds that for an
employer to be liable for an intentional
act of an employee, the employee must
be acting within the scope of his or
her employment at the time the act is
committed.
Hamilton App. No. C-020191, 155
Ohio App.3d 510, 2003-Ohio-6915.
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